SHEO PRATAP SINGH Vs. STATE OF U P

JUDGEMENT

(1.) RAVINDRA Singh, J. Heard Shri Ajit Kumar Singh and Shri Kamal Kishor Mishra learned Counsel for the applicant and learned A. G. A.

(2.) THIS application is filed by the applicant Sheo Pratap Singh alias Chhotu Singh with a prayer that he may be released on bail in case crime No. 366 of 2004, under Sections 307 and 353 I. P. C. and Section 7 of the Criminal Law Amendment Act, P. S. Cantt District Gorakhpur.

(3.) IT is contended by the learned Counsel for the applicant that there is no motive or intention for the applicant to commit the alleged offence and the prosecution story is not corroborated by the medical evidence, because from the possession of the applicant one country made pistol of 315 bore was recovered, but none of the injury was caused by a weapon of 315 bore. IT is further contended that according to prosecution version the applicant fired indiscriminately, but none of the injuries shows that all the injuries were caused by the single shot of 12 bore. The injuries were not dangerous to life and the prosecution has come with a cock and bull story. IT is further contended that according to prosecution version the alleged incident has taken place in working hours of the office where large number of persons were working, but no other person has received any injury and there is variation in the statement of the witness recorded under Section 161 Cr. P. C.